Eastern District of California • 1:26-cv-04128

(HC) Avalo Jimenez v. Warden, California City Detention Facility

Completed

Case Information

Filed: May 29, 2026
Assigned to: Noel Wise
Referred to:
Nature of Suit: Habeas Corpus - Alien Detainee
Cause: 8:1105(a) Aliens: Habeas Corpus to Release INS Detainee
Completed: August 11, 2026
Last Activity: August 13, 2026
Parties: View All Parties →

Docket Entries

#1
May 29, 2026
PETITION for WRIT of HABEAS CORPUS against Warden, California City Detention Facility by Alexander Jose Avalo Jimenez. (Deputy Clerk AKP) (Entered: 06/01/2026)
Main Document: Petition for Writ of Habeas Corpus
#2
May 29, 2026
MOTION for TEMPORARY RESTRAINING ORDER by Alexander Jose Avalo Jimenez. (Deputy Clerk AKP) (Entered: 06/01/2026)
Main Document: Temporary Restraining Order
#3
May 29, 2026
MOTION to APPOINT COUNSEL by Alexander Jose Avalo Jimenez. (Deputy Clerk AKP) (Entered: 06/01/2026)
Main Document: Appoint Counsel
#4
May 29, 2026
MOTION to PROCEED IN FORMA PAUPERIS by Alexander Jose Avalo Jimenez. (Deputy Clerk AKP) (Entered: 06/01/2026)
Main Document: In Forma Pauperis
#5
Jun 01, 2026
IMMIGRATION NEW CASE DOCUMENTS (Deputy Clerk AKP) (Entered: 06/01/2026)
Main Document: Immigration New Case Documents for MJ as Presider
#6
Jun 01, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Camilo Rodriguez, GOVT for Warden, California City Detention Facility (Rodriguez, Camilo) (Entered: 06/01/2026)
Main Document: DESIGNATION
#7
Jun 01, 2026
ORDER re 1 Habeas Petition and 2 TRO signed by District Judge Noel Wise on 6/1/26. Respondents to file a Response to the 1 Habeas Petition within 3 calendar days from the date of this order. Petitioner may file a reply within 9 calendar days from the date of this order. Respondents are PROHIBITED from deporting the Petitioner or removing him from the Eastern District of California while the 1 Habeas Petition and 2 TRO are pending.The Court finds this case would benefit from the appointment of counsel. See 18 U.S.C. § 3006A(a)(2)(B). Within 7 calendar days from the date of this Order, the appointing authority for the Eastern District of California shall identify counsel and send counsel's contact information via email to julia_thomas@CAND.uscourts.gov, who shall update the docket to reflect counsel's appointment. If counsel is not a member of the Eastern District of California Criminal Justice Act ("CJA") Panel, the Court hereby authorizes the appointee to serve as CJA counsel for Petitioner for the duration of the proceedings in this Court pursuant to Local Rule 180(b)(1). If counsel is not admitted to practice before the Eastern District of California court, pursuant to 18 U.S.C. §§ 3005 and 3006A and this District's CJA Plan, General Order 671, § XV.C.1.g as applied here, the Court hereby authorizes said counsel's Pro Hac Vice admission to practice before this court for the duration of the proceedings, nunc pro tunc to the date the appointing authority first contacted counsel about this appointment. The Clerk of the Court SHALL SERVE a copy of this Order on the Federal Defender, Attention: Habeas Appointment. The Clerk shall also serve a copy of the 1 Petition and 2 TRO upon the Federal Defender. (Thomas, Julia) (Entered: 06/01/2026)
Main Document: Order
Jun 01, 2026
SERVICE BY MAIL: 5 Immigration New Case Documents served on Alexander Jose Avalo Jimenez. (Deputy Clerk AKP)
Jun 01, 2026
SERVICE BY MAIL: 7 Order served on Petitioner. (Thomas, Julia)
Jun 01, 2026
Service by Mail
#8
Jun 03, 2026
MOTION to DISMISS by Warden, California City Detention Facility. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Rodriguez, Camilo) (Entered: 06/03/2026)
Main Document: Dismiss
#9
Jun 08, 2026
MINUTE ORDER issued by Courtroom Deputy for District Judge Noel Wise on 6/8/2026: Pursuant to the Order appointing counsel dated 6/1/26 (ECF No. 7 ), the appointing authority for the Eastern District of California has confirmed that attorney Marissa Rodenberg-Carlson seeks appointment nunc pro tunc to 6/8/26 and notified the Court of Counsel's contact information. Attorney Linette Tobin is hereby appointed pro hac vice as CJA counsel for petitioner as permitted in General Order 582, Section X (C). The Clerk of Court shall update the docket to reflect Attorney Marissa Rosenberg-Carlson, 938 Valencia Street, San Francisco, CA 94110, 415-282-2826, Marissa.rosenberg-carlson@missionaction.org, as counsel for petitioner on an ad hoc basis in this matter. (Text Only Entry) (cc: Federal Defender Habeas Appointment) (Thomas, Julia) (Entered: 06/08/2026)
Jun 08, 2026
Minute Order AND Order on Motion to Appoint Counsel AND ~Util - Add and Terminate Attorneys
#10
Jun 10, 2026
STIPULATION and PROPOSED ORDER Modifying Briefing Schedule re 7 Order,,,,,,, by Alexander Jose Avalo Jimenez. (Rosenberg-Carlson, Marissa) (Entered: 06/10/2026)
Main Document: STIPULATION
#11
Jun 11, 2026
MINUTE ORDER signed by District Judge Noel Wise on 6/11/2026: Petitioner's 10 stipulation for an extension to file his reply is GRANTED in light of the recent appointment of counsel. Petitioner may file his reply on or before 6/17/26. (Text Only Entry) (Thomas, Julia) (Entered: 06/11/2026)
Jun 11, 2026
Minute Order
#12
Jun 15, 2026
STIPULATION and PROPOSED ORDER Vacating Petitioner's Reply Deadline to Allow for Filing of Amended Petition re 11 Minute Order, by Alexander Jose Avalo Jimenez. (Rosenberg-Carlson, Marissa) (Entered: 06/15/2026)
Main Document: STIPULATION
#13
Jun 15, 2026
MINUTE ORDER signed by District Judge Noel Wise on 6/15/2026: The Court is in receipt of the parties' stipulation to vacate the reply deadline to allow for filing of an amended Petition. Petitioner may file his First Amended Petition by 6/24/26. However, the Court notes that Petitioner's Motion for a Temporary Restraining Order is still pending. As such, Petitioner shall file a reply to the TRO by 6/17/26 or withdraw the motion. (Text Only Entry) (JPT) (Entered: 06/15/2026)
Jun 15, 2026
Minute Order
#14
Jun 16, 2026
WITHDRAWAL of 2 Motion for Temporary Restraining Order filed by Alexander Jose Avalo Jimenez. (Rosenberg-Carlson, Marissa) (Entered: 06/16/2026)
Main Document: Withdrawal of Motion
#15
Jun 24, 2026
FIRST AMENDED PETITION for WRIT of HABEAS CORPUS by Alexander Jose Avalo Jimenez. (Attachments: # 1 Proof of TPS, # 2 Proof of Pending Asylum, # 3 Excerpts of Petitioner's Medical Records, # 4 Disposition / Dismissal of Misdemeanor Charge, # 5 Affidavit of Joselyn Karina Jimenez Gaona, # 6 Affidavit of Marissa Rosenberg-Carlson)(Rosenberg-Carlson, Marissa) (Entered: 06/24/2026)
Main Document: Amended Petition for Writ of Habeas Corpus
#16
Jun 24, 2026
MINUTE ORDER signed by District Judge Noel Wise on 6/24/2026: The Court is in receipt of Petitioner's 15 First Amended Petition for Writ of Habeas Corpus. Respondents may file a response by 7/9/2026. Failure to respond will be construed as a statement of non-opposition. Petitioner may file a reply by 7/16/2026. (Text Only Entry) (Thomas, Julia) (Entered: 06/24/2026)
Jun 24, 2026
Minute Order
#17
Jul 01, 2026
ORDER AUTHORIZING IN FORMA PAUPERIS STATUS as to Alexander Jose Avalo Jimenez signed by District Judge Noel Wise on 7/1/2026. (Deputy Clerk CRM) (Entered: 07/01/2026)
Main Document: 05 - HC/Order Authorizing IFP AND Order on Motion to Proceed In Forma Pauperis
#18
Jul 09, 2026
RESPONSE by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin, David J. Venturella, Warden, California City Detention Facility to 15 Amended Petition for Writ of Habeas Corpus,. Attorney Rodriguez, Camilo added. (Rodriguez, Camilo) (Entered: 07/09/2026)
Main Document: RESPONSE
#19
Jul 16, 2026
REPLY by Alexander Jose Avalo Jimenez re 18 Response,. (Rosenberg-Carlson, Marissa) (Entered: 07/16/2026)
Main Document: REPLY
#20
Aug 04, 2026
DESIGNATION of COUNSEL FOR SERVICE. Added attorney Joseph Douglas Harman, GOVT for Sergio Albarran,Joseph Douglas Harman, GOVT for Todd Blanche,Joseph Douglas Harman, GOVT for Christopher Chestnut,Joseph Douglas Harman, GOVT for Markwayne Mullin,Joseph Douglas Harman, GOVT for David J. Venturella,Joseph Douglas Harman, GOVT for Warden, California City Detention Facility (Harman, Joseph) (Entered: 08/04/2026)
Main Document: DESIGNATION
#21
Aug 04, 2026
MOTION To Lift No Transfer Order by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin, David J. Venturella, Warden, California City Detention Facility. (Attachments: # 1 Proposed Order)(Harman, Joseph) (Entered: 08/04/2026)
Main Document: Miscellaneous Relief
#22
Aug 05, 2026
MINUTE ORDER signed by District Judge Noel Wise on 8/5/2026: The Court lifts the order at ECF No. 7 enjoining Respondents from transferring Petitioner outside of the Eastern District of California. Respondents may transfer Petitioner out of this district for the limited purpose of providing needed in-patient medical treatment. Petitioner must be returned to this district at the conclusion of such treatment. (Text Only Entry) (cc: California City Detention Facility) (Thomas, Julia) (Entered: 08/05/2026)
Aug 05, 2026
Minute Order AND Order on Motion for Miscellaneous Relief
#23
Aug 07, 2026
NOTICE OF PETITION FULLY BRIEFED AND RIPE FOR DECISION by Alexander Jose Avalo Jimenez. (Rosenberg-Carlson, Marissa) (Entered: 08/07/2026)
Main Document: Notice (Other)
#24
Aug 11, 2026
ORDER signed by District Judge Noel Wise on 8/11/2026 GRANTING 1 Petition for Writ of Habeas Corpus and ORDERING Respondents to IMMEDIATELY RELEASE Petitioner Alexander Jose Avalo Jimenez (A220-997-581) from their custody. Respondents shall not impose any additional restrictions on Petitioner, unless that is determined to be necessary at a future pre-deprivation and/or custody hearing. (CASE CLOSED) (cc California City Detention Facility) (Thomas, Julia) (Entered: 08/11/2026)
Main Document: Order AND Order on Motion to Dismiss AND ~Util - Terminate Civil Case
#25
Aug 11, 2026
JUDGMENT dated *August 11, 2026* pursuant to order signed by District Judge Noel Wise on 8/11/2026 in favor of Petitioner against Respondents. (Thomas, Julia) (Entered: 08/11/2026)
Main Document: Judgment
#26
Aug 12, 2026
STIPULATION and PROPOSED ORDER TO EXTEND TIME FOR RELEASE UNTIL A SAFE RELEASE ARRANGEMENT IS MADE re 24 Order,, Terminate Civil Case,, Order on Motion to Dismiss, by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin, David J. Venturella, Warden, California City Detention Facility. Attorney Weger, Shelley D. added. (Weger, Shelley) (Entered: 08/12/2026)
Main Document: STIPULATION
#27
Aug 12, 2026
ORDER signed by District Judge Noel Wise on 8/12/2026 GRANTING 26 Stipulation and Proposed Order. (Thomas, Julia) (Entered: 08/12/2026)
Main Document: Order
#28
Aug 13, 2026
JOINT STATUS REPORT by Sergio Albarran, Todd Blanche, Christopher Chestnut, Markwayne Mullin, David J. Venturella, Warden, California City Detention Facility. (Weger, Shelley) (Entered: 08/13/2026)
Main Document: JOINT